HomeMy WebLinkAboutContract 61159CSC No. 61159
WORKSITE TRAINING AGREEMENT
FOR THE GOODWILL SUMMER YOUTH WORK PROGRAM
This WORKSITE TRAINING AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and
through Valerie R. Washington, its duly authorized Assistant City Manager, and GOODWILL
INDUSTRIES OF FORT WORTH, INC, ("Employer"), a Non -Profit, and acting by and through David
G. Cox, its duly authorized President and Chief Executive Officer ("CEO"), each individually referred to
as a "party" and collectively referred to as the "parties."
WHEREAS, Employer conducts the Summer Earn and Learn Work Experience Program ("Program") in
order to provide students with disabilities ("Participants") the opportunity to participate in paid work
experience in conjunction with employability skills training during the summer;
WHEREAS, City believes that certain opportunities exist within the City to provide a worksite for
Participants to participate in the Program; and
WHEREAS, Employer and City believe that executing this agreement will provide a meaningful
opportunity for a number of Participants while raising awareness of City functions and the programs offered
by Employer.
NOW THEREFORE, Employer and City hereby enter into the following Agreement:
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The Agreement documents include the following:
1. This Worksite Training Agreement;
2. Exhibit A — Scope of Services;
3. Exhibit B — Verification of Signature Authority Form; and
4. Exhibit C — Participant Waiver
Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B, or C and
the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement
will control. As a condition precedent to this agreement, both Parties agree that it is made based on a good
and valuable consideration. For the City's performance in accordance with this Agreement, City recognizes
that Employer is providing a valuable resource to Fort Worth Citizens with disabilities. The City recognizes
that this will help enrich the citizenry of Fort Worth and further its purpose of making Fort Worth the most
livable City in the Country. For Employer's performance in accordance with this Agreement, Employer
recognizes that City is providing a necessary resource in order for Employer to carry out its program and
without City's performance these Participants would not have the opportunity to participate in the Program.
1. SCOPE OF SERVICES.
City will allow up to fifty Participants to engage in specific activities and assignments within the
City of Fort Worth in accordance with this Agreement. Exhibit A, Scope of Services, more specifically
describes the services to be provided hereunder.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Professional Services Agreement Page 1 of 21
This Agreement will begin upon execution by the City's Assistant City Manager ("Effective Date")
and will expire on September 1, 2024 ("Expiration Date"), unless terminated earlier in accordance with this
Agreement.
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Neither Party will owe any amount of money for any reason whatsoever to the other Party for
services rendered in connection with this Agreement. City will not be liable nor owe any payment, fee, cost,
penalty, or money for any other reason whatsoever to Employer or any Participant in Employer's program
who performs any services in connection with this agreement. Employer will be solely responsible for any
payment, cost, fee, or other benefit provided to the Participants in its Program and who provide services in
connection with this Agreement.
The Parties agree that there is good and valuable consideration from each parry to the other and
that each Party is providing a benefit through its performance of its duties hereunder to the other. In
consideration for its performance, City recognizes that more people will become aware of City functions,
and a generally underserved population of students in the City will gain work and life experience which
will benefit the City overall. In consideration for its performance, Employer recognizes that its Participants
will receive valuable work experience and become more familiar with City programs, departments, and
functions.
4. TERMINATION.
4.1. Written Notice. City or Employer may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination without any penalty.
4.2 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, all services in connection with this Agreement will stop immediately.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Employer hereby warrants to City that Employer has made full
disclosure in writing of any existing or potential conflicts of interest related to Employer's services under
this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Employer hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Employer, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential and will
not disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access. Employer must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Employer must notify City immediately if the security or integrity of any City
Information has been compromised or is believed to have been compromised, in which event, Employer
will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what
information has been accessed by unauthorized means and will fully cooperate with City to protect such
City Information from further unauthorized disclosure.
Professional Services Agreement Page 2 of 21
6. RIGHT TO AUDIT.
Employer agrees that City will, until the expiration of three (3) years after expiration of this
contract, or the final conclusion of any audit commenced during the said three years, have access to and the
right to examine at reasonable times any directly pertinent books, documents, papers and records, including,
but not limited to, all electronic records, of Employer involving transactions relating to this Agreement at
no additional cost to City. Employer agrees that City will have access during normal working hours to all
necessary Employer facilities and will be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City will give Employer reasonable advance notice
of intended audits.
This provision will survive the expiration or termination of this Agreement.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Employer and all Participants in Employer's Program
will operate as independent contractors as to all rights and privileges and work performed under this
Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the
conditions and provisions of this Agreement, Employer will have the exclusive right to control the details
of its operations and activities and be solely responsible for the acts and omissions of its officers, agents,
Participants, servants, employees, consultants and subcontractors. Employer acknowledges that the doctrine
of respondeat superior will not apply as between City, its officers, agents, servants and employees, and
Employer, its officers, agents, Participants, employees, servants, contractors and subcontractors. Employer
further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise
between City and Employer. It is further understood that City will in no way be considered a Co -employer
or a Joint employer of Employer or any officers, agents, Participants, servants, employees or subcontractors
of Employer. Neither Employer, nor any officers, agents, Participants, servants, employees or
subcontractors of Employer will be entitled to any employment benefits from City. Employer will be
responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its
officers, agents, Participants, servants, employees or subcontractors.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY - EMPLOYER WILL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF EMPLOYER, ITS OFFICERS,
PARTICIPANTS, AGENTS, SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - EMPLOYER HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR PROPERTY DAMAGE
OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO EMPLOYER'S BUSINESS AND ANY
RESULTING LOST PROFITS), CONTRACTUAL DISPUTES FROM PARTICIPANTS, AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT. THIS SPECIFICALLY INCLUDES ANY
LIABILITY. CLAIMS. LAWSUITS, DAMAGES. OR OTHER COSTS OF ANY KIND OR
Professional Services Agreement Page 3 of 21
CHARACTER THAT ARE CAUSED BY ANY ACTION OR OMISSION BY CITY. CITY'S
OFFICERS, EMPLOYEES. OR SUBCONTRACTORS IN CONNECTION WITH THIS
AGREEMENT.
8.3 This section will survive the expiration or termination of this Agreement.
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9.1 Assignment. Employer will not assign or subcontract any of its duties, obligations or rights
under this Agreement without the prior written consent of City. If City grants consent to an assignment, the
assignee will execute a written agreement with City and Employer under which the assignee agrees to be
bound by the duties and obligations of Employer under this Agreement. Employer and Assignee will be
jointly liable for all obligations of Employer under this Agreement prior to the Effective Date of the
assignment.
9.2 Subcontract. If City grants consent to a subcontract, subcontractor must execute a written
agreement with Employer referencing this Agreement under which subcontractor will agree to be bound by
the duties and obligations of Employer under this Agreement as such duties and obligations may apply.
Employer must provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Employer must provide City with certificate(s) of insurance documenting policies of the following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Employer, its employees, agents, or
representatives in the course of providing services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
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$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Reauirements
(a) The commercial general liability and automobile liability policies must name City
as an additional insured thereon, as its interests may appear. The term City includes
its employees, officers, officials, agents, and volunteers in respect to the contracted
services.
(b) The workers' compensation policy must include a Waiver of Subrogation (Right
of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage must be provided to City. Ten (10) days' notice will be acceptable in the
event of non-payment of premium. Notice must be sent to the Contract Manager,
Municipal Court City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas
76102, with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the
State of Texas. All insurers must have a minimum rating of A- VII in the current
A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation will
not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Employer has obtained all required
insurance will be delivered to the City prior to Employer proceeding with any work
pursuant to this Agreement.
11. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS.
Employer agrees that in the performance of its obligations hereunder, it will comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
Professional Services Agreement Page 5 of 21
ordinances, rules and regulations. If City notifies Employer of any violation of such laws, ordinances, rules
or regulations, Employer must immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Employer, for itself, its personal representatives, Participants, assigns, subcontractors and
successors in interest, as part of the consideration herein, agrees that in the performance of Employer's
duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual
or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED
VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY EMPLOYER, ITS
PERSONAL REPRESENTATIVES, PARTICIPANTS, ASSIGNS, SUBEMPLOYERS OR
SUCCESSORS IN INTEREST, EMPLOYER AGREES TO ASSUME SUCH LIABILITY AND TO
INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement will be conclusively determined to
have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received
by the other parry by United States Mail, registered, return receipt requested, addressed as follows:
To CITY:
City of Fort Worth
Attn: Valerie R. Washington,
Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
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Goodwill Industries of Fort Worth, INC,
Attn: David G. Cox,
President & Chief Executive Officer
PO Box 15520/4005 Campus Drive
Fort Worth, Texas 76119
Facsimile: 817-5 3 6-8806
Neither City nor Employer will, during the term of this Agreement and additionally for a period of
one year after its termination, solicit for employment or employ, whether as employee or independent
contractor, any person who is or has been employed by the other during the term of this Agreement, without
the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not
apply to an employee of either party who responds to a general solicitation of advertisement of employment
by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
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The failure of City or Employer to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein does not constitute a waiver of City's or Employer's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
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This Agreement will be construed in accordance with the laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions will not in any way be affected or impaired.
19. FORCE MAJEURE.
City and Employer will exercise their best efforts to meet their respective duties and obligations as
set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any
government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts;
natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government;
material or labor restrictions by any governmental authority; transportation problems; restraints or
prohibitions by any court, board, department, commission, or agency of the United States or of any States;
civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein
but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force
Majeure Event"). The performance of any such obligation is suspended during the period of, and only to
the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Maj eure
Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably
possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be
determined by the City in its sole discretion. The notice required by this section must be addressed and
delivered in accordance with Section 13 of this Agreement.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, will not be deemed a
part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party will not be employed in the interpretation of this Agreement or Exhibits A, B, and C.
Professional Services Agreement Page 7 of 21
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No amendment, modification, or extension of this Agreement will be binding upon a party hereto
unless set forth in a written instrument, which is executed by an authorized representative of each party.
23. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart will, for all
purposes, be deemed an original, but all such counterparts will together constitute one and the same
instrument.
24. IMMIGRATION NATIONALITY ACT.
Employer must verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Employer will provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Employer must adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Employer employee who is not legally eligible to perform such services. EMPLOYER
WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY EMPLOYER,
EMPLOYER'S EMPLOYEES, SUBCONTRACTORS, PARTICIPANTS, AGENTS, OR
LICENSEES. City, upon written notice to Employer, will have the right to immediately terminate this
Agreement for violations of this provision by Employer.
25. OWNERSHIP OF WORK PRODUCT.
City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement (collectively, "Work Product"). Further, City will be the sole and exclusive owner
of all copyright, patents, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product will be considered a "work -made -for -hire" within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is
not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended,
Employer hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product,
and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary
rights therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due, or rights of retention thereto on the part of City.
26. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party, and that such binding authority has been granted by proper
order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,
may be executed by any authorized representative of Employer whose name, title, and signature are affixed
on the Verification of Signature Authority Form, which is attached hereto as Exhibit B. Each party is fully
entitled to rely on these warranties and representations in entering into this Agreement or any amendment
hereto.
Professional Services Agreement Page 8 of 21
27. CHANGE IN COM ANY NAME OR OWNERSHIP
Employer must notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records. The president of Employer or
authorized official must sign the letter. A letter indicating changes in a company name or ownership must
be accompanied with supporting legal documentation such as an updated W-9, documents filed with the
state indicating such change, copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
28. PROHIBITION ON CONTRACTING WITH COM ANIES THAT BOYCOTT ISRAEL
If Employer has fewer than 10 employees or this Agreement is for less than $100,000, this
section does not apply. Employer acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and
(2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has
the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this
Agreement, Employer certifies that Employer's signature provides written verification to the City
that Employer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
Agreement.
29. PROHIBITION ON BOYCOTTING ENERGY COM ANIES.
Employer acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the
City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more
that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the company that it: (1) does not boycott
energy companies; and (2) will not boycott energy companies during the term of the contract. To the
extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this
Agreement, Employer certifies that Employer's signature provides written verification to the City that
Employer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the
term of this Agreement.
30. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMLNITION
INDUSTRIES.
Employer acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, the City is prohibited from entering into a contract for goods or services that has a value
of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with
10 or more full-time employees unless the contract contains a written verification from the company that
it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate during the term of the contract against a firearm
entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable
to this Agreement, by signing this Agreement, Employer certifies that Employer's signature provides
written verification to the City that Employer: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against
a firearm entity or firearm trade association during the term of this Agreement.
Professional Services Agreement Page 9 of 21
31. ELECTRONIC SIGNATURES.
This Agreement may be executed by electronic signature, which will be considered as an original
signature for all purposes and have the same force and effect as an original signature. For these purposes,
"electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile
transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign.
32. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement
between City and Employer, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement. Nothing herein is intended and should not be construed to create any
third -party beneficiaries to this Agreement.
(signature page follows)
(remainder of page intentionally left blank)
Professional Services Agreement Page 10 of 21
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: Valerie Washington(Mar 20,202415:55CDT)
Name: Valerie R. Washington
Title: Assistant City Manager
Date: M a r 20, 2024
APPROVAL RECOMMENDED:
By: William Rum uly(Mag*OT02413:05 CDT)
•7 Name: William F. Rumuly
Title: Court Director
ATTEST: aagn
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By:
Name: Janette Goodall
Title: City Secretary
EMPLOYER:
Goodwill Industries of Fort Worth, Inc.
By: �18, 2024 08:56 CDT)
Name: David G. Cox
Title: President and CEO
Date: M a r 18, 2024
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
By: Shelley Hollars(M a r20,202412:32 CDT)
Name: Shelley Hollars
Title: Administrative Services Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Andrea Phillips
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
1295: N/A
ATTEST:
50bbie IfOdaes
By: Bobbie Hodges (Mar 18, M24 08:26 CDT)
Name: Bobbie Hodges
Title: Sr. Director of WFD
EXHIBIT A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Professional Services Agreement Page 11 of 21
SCOPE OF SERVICES
A. Worksite Availability:
1. Duties /Assignments will include but are not limited to those identified in in this Exhibit.
2. Participant placement will be based upon identified needs and shall not exceed 50
Participants.
3. All work will take place at City of Fort Worth Facilities or properties, as discussed
below.
4. Only Participants ages 15-22 are eligible for placement at City worksites.
B. City Requirements Prior to Participant's Arrival:
1. Unless Participant has completed all CJIS requirements, the Participant must be
escorted by a City employee at all times when in any CJIS-secured area —regardless of
whether a computer terminal is present.
2. Participant or Participant's legal guardian must provide a signed and notarized waiver,
included as Exhibit C.
C. City's Requirements:
1. City's supervisor(s)/mentor(s) must go through a supervisor's/mentor's orientation
prior to any placement.
2. Provide supervision (and if required), safety training, supplies and equipment to
perform the work.
3. Record and report work hours using the Youth Work Experience Payroll Timesheet.
Submit timesheet to Employer for processing.
4. Evaluate each Participant's performance on a daily basis. City will also provide a
performance analysis of each Participant at the end of the program.
5. Contact Employer's contact person when Participant -related or training -related
problems occur.
6. Notify Employer if or when change in supervision occurs.
7. May not assign a Participant to perform work that: (a.) engages in political patronage,
lobbying or other political activities; (b.) is of a religious or anti -religious organization;
or (c.) violates Child Labor Laws.
8. Will not use a Participant to fill a job opening (1) when another individual is on layoff
from the same or substantially equivalent job, or (2) when the City has terminated the
employment of any regular employee or otherwise reduced its workforce with the
intention of filling the vacancy, so created, by utilizing a Participant whose wages are
subsidized at current minimum wage level.
9. May not create jobs for Participants in a promotional line that will infringe in any way
upon the promotional opportunities of currently employed individuals.
10. Will comply with the Americans with Disabilities Act (ADA) and the Drug Free Work
Place Act.
11. A Participant will not participate in activities that occur in a casino or other gambling
establishment, aquarium, zoo, golf course, or swimming pool.
D. Employer's Requirements
1. Provide group or individual orientation to the City's Direct Supervisor/Mentor, and the
Alternate Supervisor/Mentor, prior to the assignment of a Participant to a work site.
Such orientation will include the objectives of the program, supervisory responsibilities,
training responsibilities, record keeping and Department of Labor regulations.
2. Use the Trainee's component enrollment and objective assessment results to assist with
the Participant's assignment to a work site training slot.
3. Assign a single point of contact that will assist City with the identification and resolution
Professional Services Agreement Page 12 of 21
of training issues and any questions/concerns.
4. Monitor work sites for compliance with all objectives of the program, supervisor
responsibilities, training responsibilities, record keeping, and DOL regulations
including Child Labor Laws when applicable.
5. Pay all Participant wages, taxes, and all benefits of any kind, if applicable, for the
scheduled work hours as stated on the Placement Authorization Form (provided by the
Participant) and in accordance with current Federal Minimum Wage Regulations. All
Participants must be paid in accordance with applicable laws and regulations.
6. Maintain a current Worker's Compensation Policy and other required insurance and
coverage for all Participants (copy of report provided in Supervisor Handbook).
7. Prior to placement, Employer will have each Participant, who will be placed with the
City, or the Participant's legal representative, to execute a Waiver, attached as Exhibit
C, and will provide the original copy to the City.
E. TERMINATION OF PARTICIPANT FROM WORKSITE
Participants may be terminated from the worksite at any time and for any reason
whatsoever without any penalty to the City. City will notify Employer of any Participant's
termination as soon as practicable once the decision has been made by City. Employer may remove
any Participant from the worksite at any time for any reason whatsoever without any penalty to
Employer. Employer will notify City of removal as soon as practicable once the decision has been
made by Employer.
F. Participant Work Location and Description
1. City Manager/Mayor and City Council
Locations: City Hall (Current and New)
■ Filing, scanning, light lifting, typing, organizing, communicating,
photocopying, inventorying of items, answering phones, using Microsoft
programs (e.g. Word/Excel), and providing customer service
2. Code Compliance Department
Location: 908 Monroe Street
■ Filing/Scanning, light lifting, typing, office organizing and inventorying
Communication & Public Engagement
Location: 200 Texas Street
Filing, light lifting (10 pounds or less), entering data, prepping folders for
scanning, and answering telephone
Attending weekly staff meetings
Filling in during lunch and assisting customers
4. Development Department
Location: Development Coordination Office
■ Filing, light lifting (10 pounds or less), entering data, prepping folders for
scanning, and answering telephone
■ Attending weekly staff meetings
Location: Business Support & Customer Care, City Hall Lower Level
■ Filing, light lifting (10 pounds or less), entering data, prepping folders for
scanning, answering telephone, and attending weekly staff meetings
Professional Services Agreement Page 13 of 21
Diversity and Inclusion Department
Location: Hazel Harvey Peace Center for Neighborhoods
■ Updating the Department's Human Relations Resource Guide (last updated in
2010). The Guide is a directory of groups interested in better community
relations and supporting diversity and inclusion efforts.
■ Using a computer to access the internet and verify information currently in the
Guide. A computer will be provided.
■ Making calls and documenting updates needed to the Guide. A phone line will
be provided.
■ Researching and identifying agencies that should be considered for inclusion in
the Guide
■ Attending bi-weekly staff meetings
Fire Department
Location: Bob Bolen Public Safety Complex
■ Office assistant: filing, scanning, sorting, copying and printing documents;
entering data, including entering fire inspection data; preparing contracts for
routing; and organizing supplies and equipment storage rooms
■ Social media assistant: preparing images and content for social media posts,
and developing ideas for social media campaigns
■ Capital assets: assisting with annual capital inventory, including verifying
location of capital assets, updating asset files, and entering data
■ Fire Department rotation: spending at least 1-2 days shadowing each section in
the Fire Department to learn about their operations and duties
■ Shadowing the non -operations sections (e.g. OEM, alarm office, Bureau of Fire
Prevention, Training, etc.)
■ Guided Tour of a fire station
7. Human Resources
Locations: City Hall Lower Level / City Annex 6` Floor
■ Filing, scanning, copying and storing documents; light lifting; typing;
organizing and inventorying documents and supplies; and organizing storage
areas.
■ Spend at least one day in each section to learn about their operations and duties.
■ Scanning documents, organizational skills, good communication skills,
filing/creating files, typing, and computer experience
Information Technology Department
Location: Zipper Building
■ Organizing contracts by vendor in alphabetical order and by Year
■ Locating contract on the intranet and documenting the contract number on the
file
■ Scanning the contract file onto Laserfische
■ Changing the scanned generic file name to the contract information by vendor
and contract number
■ Boxing up the physical file for records destruction (10 pounds or less)
■ Cleaning out offices
■ Boxing up items in filing cabinets left by previous employees (3 offices total)
■ Organizing and inventorying supply cabinet, and ordering supplies that are
running low
Professional Services Agreement Page 14 of 21
■ Dispatching ITSM tickets to the members of IT Finance by task type
■ Inventorying cell phones by type
■ Scheduling order pickups for cell phone refresh program with the departments
■ Gathering documents to perform journal entries i.e. invoices, purchase orders
■ Organizing storage room
■ Organizing and inventorying computer lab
■ General cleaning and organizing of equipment and rooms
Municipal Court Department
Location: A.D. Marshall Public Safety and Courts Building
■ Lobby Information Desk: Filing, light (less than 10 pounds) lifting, typing,
photo copying, inventorying of items needed at desk, answering phones, and
filling in at lunch and providing customer service.
■ Office Assistant for Purchasing, Budget, HR, Accounting, and Administrative
functions: Assisting with FWISD Summer Internship day preparations, helping
prepare for meetings, scanning documents, helping with furniture disposal
project oversight, helping organize supply closet/storage room, filling in at
front desk during lunch, answering phones, filing/creating files, typing, and
invoicing deliveries to City Hall accounts payable
office.
■ Courtroom assistant: filing, light lifting, typing, and helping with dockets.
10. Neighborhood Services Department
Locations:908 Monroe and Community Centers
■ Serving as "Leaders in Training" for the yearly Summer Day Camp program
sponsored by the City. Participants will be paired with a community center
staff for a hands-on experience in working as a "Leader in Training"; however,
if an adult/assistant coach is available to assist the Participant we would
welcome their assistance.
■ Working with a team, shadowing counselors in supervisory positions and
instructing campers, while providing life skills, which include: responsibility,
character, exceptional customer service, ethical behavior, diversity and mutual
respect
■ Assisting Fort Worth staff with Summer Day Camp activities that include
recreation and educational programs, structured inside and outside activities
and events; arts and crafts, games, youth sports and other recreational events
■ Assisting in set up, decoration and cleanup of camp areas
11. Parks and Recreation Department
Locations: Forestry — Rolling Hills Tree Farm
Park Operations — La Gran Plaza
Recreation — Eugene McCray Community Center
Recreation — Hillside Community Center
Recreation — R.D. Evans Community Center
Recreation — Sycamore Community Center
Recreation — Victory Forest Community Center
Recreation — Thomas Place Community Center
Recreation — Mobile Recreation
Recreation Riverside Community Center:
Recreation -Fire Station Community Center
Professional Services Agreement Page 15 of 21
Recreation -Highland Hills Community Center
Recreation -Handley Meadowbrook Community Center
Recreation -Victory Forest Community Center
Recreation-Atatiana Carr -Jefferson Community Center at Hillside
Recreation-Greenbriar Commnunity Center
Work may vary by location but may include the following duties:
■ Providing custodial floor care, removing trash, window and hard surface
cleaning, and sanitizing and general cleaning
■ Assisting Summer Day Camp (SDC) leaders (teachers) during the SDC
scheduled hours, helping carry out the SDC programs, assisting with arts &
crafts, gym games, and securing supplies
■ Helping with room setups and any cleanup
■ Filing, scanning, sorting, copying, and electronic filing of contract documents
■ Organizing files, answering telephones, filling in during lunch, assisting
customers, updating and maintaining inventory list, light lifting (10 pounds or
less), shredding documents, helping organize closets, light cleaning around
center, and wiping down gym equipment
■ Assisting with water truck operations for planting projects around the City,
watering plant material at the tree farm, inventorying plant material,
moving/organizing plant material, monitoring and recording tree health at
planting project sites, and assisting with irrigation installation and repair
■ Structural pruning of trees (using hand tools such as pruners and saws)
■ Assisting with maintenance and repair of production facilities at the tree farm
■ Installing mulch at planting projects, transplanting of container trees, and
performing basic plant propagation (seed starting and rooting cuttings)
12. Property Management
Location: James Avenue Service Center
■ Filing, scanning, sorting, copying, electronic filing of contract documents
■ Organizing files, answering telephones, filling in during lunch, assisting
customers, and updating and maintaining inventory list
■ Light lifting (10 pounds or less), shredding documents, serving customers, and
helping organize closets and light cleaning around center
13. TPW/Transportation Management Division
Location: James Avenue Service Center, 5001 James Ave, Suite 301
■ Filing, scanning, printing, light lifting, typing, photocopying, inventorying of
items, organizing, communicating, and gaining experience with Microsoft
programs (e.g. Word/Excel)
■ Extracting and organizing Traffic Count from Traffic Studies files
■ Scanning traffic signal design documents and archiving those.
Professional Services Agreement Page 16 of 21
EXHIBIT B
VERIFICATION OF SIGNATURE AUTHORITY
GOODWILL INDUSTRIES OF FORT WORTH, INC
PO BOX 15520/4005 CAMPUS DRIVE
FORT WORTH, TEXAS 76119
Employer hereby agrees to provide City with independent audit basic financial statements, but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Employer and to execute any agreement, amendment or
change order on behalf of Employer. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Employer. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Employer.
Employer will submit an updated Form within ten (10) business days if there are any changes to the
signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form
that has been properly executed by Employer.
1. Name: Bobbie Hodges
Position: Sr. Director of WFD
Eobbr21f01yaes
Bobbie Hodges (Mar 18, M24 08:26 CDT)
Signature
2. Name:
Position:
Signature
Name:
Position:
Signature
Name: David G. Cox
President and CEO
�I8, 2024 08:56 CDT)
Signature of President / CEO
Date: Mar 182 2024
Professional Services Agreement Page 17 of 21
EXHIBIT C
PARTICIPANT WAIVER
Each Participant who is an adult and legally able will complete a copy of the waiver below and
return a signed, notarized original copy to the City prior to beginning any work at the City.
CITY OF FORT WORTH
WAIVER. RELEASE, AND INDEMNITY AGREEMENT
I, , for myself, my heirs and assigns, hereby affirm that I am aware that my
participation in the Summer Earn and Learn Work Experience Program ("Program") solely managed by
Goodwill Industries of Fort Worth, INC., but partly taking place at a worksite location owned by the City
of Fort Worth ("City") primarily at <INSERT PRIMARY LOCATION> ("Facility") in Fort Worth, Texas
and other City -owned locations, has inherent risks which may result in serious injury or death. As a
condition precedent to participating in the Program and entering onto the City's property, I confirm that I
understand and accept all risks, dangers and hazards presented by my participation in the Program, and I
am participating in these activities freely and voluntarily. In consideration of being permitted to participate
in the Program specifically at a City Facility, I hereby assume all risk of harm and injury to myself and
others, as well as to the property of others, which may result from my participation in the Program,
regardless of the cause or blame. I agree to act in a reasonable and cautious manner in all aspects of my
participation in the Event.
Further, I, for myself, my heirs and assigns, in consideration of being able to utilize the Facility and
participate in the Program, do hereby FOREVER RELEASE AND WAIVE all claims against the City of
Fort Worth, its officers, agents and employees, for injuries, death or property damage which may arise from
my use or presence at the Facility. This waiver and release is intended to release and forever discharge
the Citv of Fort Worth, its officers, servants, agents and emplovees from anv and all claims, actions,
causes of action, damages, losses or expenses, including attornev's fees whether real or asserted, of
every kind or character, arising out of my use of the Facilitv, including going to and from such
Facilitv. I, for myself, my heirs and assigns, hereby assume the risk of all conditions of the Facility,
dangerous or otherwise, all occurrences that may be encountered while using or going to or from such
Facility and waive any and all specific notice of the existence of such conditions or occurrences. This
waiver is intended to release the Citv of Fort Worth, its officers, servants, agents and emplovees even
if said iniuries, death or other damages are caused in whole or in part by the alleged acts of
commission, omission, negligence or fault of the Citv of Fort Worth, its officers, servants, agents or
emplovees. I, for myself, and my heirs and assigns hereby assume all responsibility and liability for such
injuries or damages, including death, and hereby covenant not to sue the entities and parties named above
for such injuries or damages.
I FURTHER AGREE TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY
HARMLESS FROM ALL CLAIMS, TOGETHER WITH ALL COSTS, EXPENSES, AND LEGAL
FEES IN DEFENDING ALL CLAIMS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO MY
USE OF THE FACILITY. THIS INDEMNITY PROVISION (INCLUDING, WITHOUT
LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES) IS SPECIFICALLY
INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT
ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED AS A WHOLE OR IN
PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF
CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW,
BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY
Professional Services Agreement Page 18 of 21
OTHER CONDUCT WHATSOEVER OF THE CITY. I REALIZE THAT BY SIGNING THIS
AGREEMENT, I AM GIVING UP MY RIGHT TO SUE THE CITY FOR INJURY, DEATH OR
DAMAGE I MAY SUFFER AT THE EVENT. IF ANY COURT FINDS A PORTION OF THIS
AGREEMENT TO BE INVALID, THE REMAINDER OF THE AGREEMENT WILL NOT BE
AFFECTED.
I have read this Waiver, Release, and Indemnity Agreement and fully understand its terms,
provisions and conditions. I have not been influenced to any extent whatsoever by any representations or
statements not contained within this agreement.
Dated this day of , 20_
Participant's Signature
Address
City, State and Zip Code
Telephone
State of Texas
County of Tarrant
This document was acknowledged before me on by
Notary Public
Date
[REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
Professional Services Agreement Page 19 of 21
Each Participant who is either not an adult or otherwise legally unable to complete a waiver
individually, will have a legal parent or guardian complete a copy of the waiver below and return a
signed, notarized original copy to the City prior to beginning any work at the City.
CITY OF FORT WORTH
WAIVER, RELEASE, AND INDEMNITY AGREEMENT
I, , on behalf of , for whom I am a the legal guardian,
for myself, , my heirs and assigns, hereby affirm that I am aware that is
participation in the Summer Earn and Learn Work Experience Program ("Program") solely managed by
Goodwill Industries of Fort Worth, INC., but partly taking place at a worksite location owned by the City
of Fort Worth ("City") primarily at <insert primary location>("Facility") in Fort Worth, Texas and other
City -owned locations, has inherent risks which may result in serious injury or death. As a condition
precedent to participating in the Program and entering onto the City's property, I confirm that I understand
and accept all risks, dangers and hazards presented by 's participation in the Program,
and I am allowing to participate in these activities freely and voluntarily. In consideration
of being permitted to participate in the Program specifically at a City Facility, I hereby assume all risk of
harm and injury to , myself and others, as well as to the property of others, which may result
from 's participation in the Program, regardless of the cause or blame. I agree to require
that act in a reasonable and cautious manner in all aspects of
's participation in the Event.
Further, I, for , myself, my heirs and assigns, in consideration of
being able to utilize the Facility and participate in the Program, do hereby
FOREVER RELEASE AND WAIVE all claims against the City of Fort Worth, its officers, agents and
employees, for injuries, death or property damage which may arise from 's use or
presence at the Facility. This waiver and release is intended to release and forever discharge the Citv
of Fort Worth, its officers, servants, agents and emplovees from anv and all claims, actions, causes of
action, damages, losses or expenses, including attornev's fees whether real or asserted, of every kind
or character, arising out of 'sl use of the Facility, including going to and from such
Facilitv. 1, for myself, , my heirs and assigns, hereby assume the risk of all
conditions of the Facility, dangerous or otherwise, all occurrences that may be encountered while using or
going to or from such Facility and waive any and all specific notice of the existence of such conditions or
occurrences. This waiver is intended to release the Citv of Fort Worth, its officers, servants, agents
and emplovees even if said iniuries, death or other damages are caused in whole or in part by the
alleged acts of commission, omission, negligence or fault of the Citv of Fort Worth, its officers,
servants, agents or emplovees. I, for myself, , and my heirs and assigns hereby
assume all responsibility and liability for such injuries or damages, including death, and hereby covenant
not to sue the entities and parties named above for such injuries or damages.
I FURTHER AGREE TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY
HARMLESS FROM ALL CLAIMS, TOGETHER WITH ALL COSTS, EXPENSES, AND LEGAL
FEES IN DEFENDING ALL CLAIMS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO
's USE OF THE FACILITY. THIS INDEMNITY PROVISION (INCLUDING,
WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES) IS
SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR
PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED AS A
WHOLE OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE,
BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR
COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT
Professional Services Agreement Page 20 of 21
LIABILITY, OR ANY OTHER CONDUCT WHATSOEVER OF THE CITY. I REALIZE THAT BY
SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHT TO SUE THE CITY FOR INJURY,
DEATH OR DAMAGE I MAY SUFFER AT THE EVENT. IF ANY COURT FINDS A PORTION
OF THIS AGREEMENT TO BE INVALID, THE REMAINDER OF THE AGREEMENT WILL
NOT BE AFFECTED.
I have read this Waiver, Release, and Indemnity Agreement and fully understand its terms,
provisions and conditions. I have not been influenced to any extent whatsoever by any representations or
statements not contained within this agreement.
Dated this day of , 20_
Legal Guardian's Signature
Address
City, State and Zip Code
Telephone
State of Texas
County of Tarrant
This document was acknowledged before me on by
Notary Public
Date
[REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
Professional Services Agreement Page 21 of 21